What are Revocable Living Trusts? |
A revocable living trust (also known as an inter vivos trust, a Living Trust or a Family Trust ) is a type of trust created for the purpose of holding ownership of an individual's assets during that person's lifetime, and for distributing those assets after their death.
A Living Trust is quite easy to establish and operate. To create a basic living trust, you make a document called a declaration of trust. You then name yourself as trustee and transfer whatever assets or property you want into that trust. Because you are named as the trustee, you maintain full control over your assets just as you did before you transferred the assets. You can still do whatever you wish to with them - manage them, sell them, or even give them away.
The trust does not become effective until you die or become incapacitated.
After you, or you and your spouse (in the case of a joint trust) pass away, the trust identifies the person who will act as successor trustee (i.e. the person you appoint to handle the trust after your death). The successor trustee then transfers ownership of the assets in the trust to the beneficiaries named in the trust. In many cases, the whole process takes only a few weeks, and there are no lawyer or court fees to pay. When all of the property has been transferred to the beneficiaries, the living trust ceases to exist.
IMPORTANT: As the trust is Revocable, you can abolish the trust or alter its terms or change the beneficiaries at any time you wish!
What happens if you don't create a Revocable Living Trust......
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If you don't transfer your assets into your revocable living trust, then they will have to go through the probate process before they can be distributed to the beneficiaries named in your Last Will and Testament.
Probate itself has come to mean not just proving the validity of a Last Will and Testament but the entire administrative process involving the passing of an owner's legal title to property to his beneficiaries after his death. The deceased's property is inventoried and creditors are identified and paid after the payment is made to the estate's attorney, executor and tax entities. Assuming that the Last Will & Testament is not contested, the probate process shouldn’t take too long. However, if there are any complications, probate could end up taking years and could be extremely expensive.
Benefits of Making a Revocable Living Trust
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By having a Revocable Living Trust:-
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You will be able to Avoid Probate and the excessive legal fees and other expenses that go with it.
With a Revocable Living Trust, your assets will go directly to your beneficiaries after your death. Because the assets are owned by the Trust, they are not subject to probate administration, saving the money normally paid as probate administration expenses. There will be no probate attorneys fees or court costs. In most states, probate fees are charged as a percentage of the "gross" value of an estate. These fees can typically range from 3.8% ( Utah) to 11% ( Alaska)!
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You avoid probate and the drawn out distribution of your assets!
If you avoid probate, the courts maintain will have no control over the Trust's assets, and therefore can not tie up the assets in a lengthy (and costly) probate process which can last any where from twelve months to five years! The Trustee simply distributes assets to named heirs free from the probate process, but only if those assets have actually been placed inside the Trust.
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You avoid the unwanted publicity created by Probate.
Unlike court probate proceedings, your Revocable Living Trust is not open to inspection by the public and, as a result, no-one becomes aware of what assets you have, who you passed those assets to, who you owed monies to and what specific family arrangements you may have had in place.
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Disgruntled heirs find it extremely difficult to contest gifts under a Trust.
Beneficiaries and heirs can become upset with their inheritance under a Legal Will and often hire attorneys to contest the Last Will. Because a Legal Will is on the public record, an attorney can easily evaluate the likelihood of a successful challenge to its validity or its terms before deciding whether or not to take a case. However, With a private family trust, the contents are not publicly known and, as such, attorneys are less likely to spend their own time and money pursuing a lawsuit with unknown probabilities of success.
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Prevents court control of your assets when if you ever become incompetent.
A growing number of older Americans are putting their assets into a Living Trust because they want to avoid being placed under a court-appointed guardian if they become unable to manage their affairs. If you become disabled or are unable to manage your estate, your Living Trust avoids the need for a court-mandated conservatorship. The successor trustee you have named in the trust will manage your affairs without government interference and expense. The trustee occupies a position of trust and confidence and is subject to strict responsibilities. This is usually higher standards of performance than one who is dealing with his or her own property. Without the express written permission, the trustee cannot use trust property for any other reasons than those specified in the trust agreement and must hold the trust property solely for the benefit of the beneficiaries.
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A Living Trust can also provide for the care, support and education of your children by turning over assets to them at an age chosen by you. Even insurance proceeds can be paid to the trust so your successor trustee can manage them for the benefit of your family
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You can avoid Statutory restrictions on bequests of property.
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You can reduce or eliminate estate taxes.
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You can reduce or eliminate estate taxes.
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Revocable Living Trusts are inexpensive and easy for you to set up and maintain.
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You can revoke or amend your Living Trust at any time!
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You can prevents court control of inheritances received by your children and appoint someone to manage property left to them.
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You can restrict and control how your estate is managed and even spent after your death.
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You will have the peace of mind of knowing that you have avoided probate and the possibility of having your assets frozen for years in the probate process!!! |
You will have the peace of mind of knowing that you have avoided probate and the possibility of having your assets frozen for years in the probate process!!!
How effective is a Revocable Living Trust?
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Well, let's take a simple example, such as bank account. If you had left the proceeds of this account to your nephew. Your nephew would have to wait until the probate process was available before he could have access to this account – that is assuming that the costs of probate don’t erode the monies in this account – remember your estate pays for your probate expenses. On the other hand, with a Revocable Living Trust, your nephew should simply be able to walk into the bank with the trust documents and a death certificate and withdraw the money. No two-to-five year delay. No ten percent in expenses. No publicity.
Forms Included in Your Revocable Living Trust Kit
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Your Revocable Living Trust Kit contains all the ready-to-use lawyer prepared legal forms and documents necessary to create a Revocable Living Trust. Simply follow the instructions and you will have your Living Trust completed in a matter of Minutes. We have made it that quick and easy for you..
Only $29.95
100%, Ironclad, Money Back Guarantee. |
Only $29.95
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